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Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Subject : Companies

Acts : Companies Act, 1956 - Section 55A(b), 55A(c), 56, 57, 58, 60B, 60B(1), (2), 2(19A), 60B(9), 235 to 241, 73, 73(1)(2A), 209-A , 68A(1)(a), 2(45AA), 81(1A), 234(1), 234(4)(a), 67(3), 62, 63, 108A, 109, 110, 117A, 117B, 117C, 56, 62, 63, 642, 642(4), 2(19A); Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 ; Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 - Regulations 3, 6, 2(zc), 2(p), 2(n), 4(2), 5(1), 6, 7, 16(1), 20(1), 25, 26, 36, 37, 46, 57; Securities and Exchange Board of India(SEBI) Act 1992 - Section 11C, 11A, 15Z, 55A, 68A, 77A, 80A, 108, 109, 110 116, 117, 118, 119, 120, 121, 122, 206, 206A, 207, 59 to 81,; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, Form No. 2A,; Securities Contracts (Regulation) Act(SCR), 1956 - Section 2(h), 21, 73(1)(3), 28, 28(1)(b), 20; Companies (Amendment) Act, 2000 - Section 55A, 67(3); Companies (Second Amendment) Act, 2002 - Section 2(19B), 60B(9), 60B(1)(2)(3), ; Constitution of India - Articles 129, ; Companies Act, 2006 - Sections 755, 760,; Food Safety Modernization(FSMA), Act 2000 - Section 85; Reserve Bank of India Act, 1934 - Section 45I(f) ; Companies Amendment Act 53 of 2000 - Section 81(1A); Insurance Act, 1938 - Section 2; Securities Laws (Amendment) Act, 1995 - Sections 13, 16, 28(1)(b), 28(2); Indian Evidence Act - Section 114 ; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, 4D; Unlisted Public Companies (Preferential Allotment) Rules, 2003 - Rule 2,; UPC (PA) Amendment Rules 2011 ; SCR Rules - Rule 19; Unlisted Public Companies (Preferential Allotment) Amendment Rules 2011

Reported in : (2013)1SCC1

a recognized stock exchange. Section 60B, as already indicated, refers to IM. Section 2(19B) was inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1.4.2003, which reads as follows:“2(19B) "information memorandum" means a process undertaken prior to the filing of a … the RoC, SEBI, as the case may be. Section 62 imposes civil liability for mis-statements in prospectus and Section 63 criminal liability. Section 68 provides imprisonment for a term which may extend to five years, or with fine

In Re: Ritesh Polysters Limited a

Court : Company Law Board CLB

Subject : Company

Reported in : (2005)123CompCas348

contentious issue, it would be necessary to extract the provisions of Section 621A as stood prior to the Companies (Second Amendment) Act, 2002, which reads as under: - "621A: Composition of certain offences: - (1) Notwithstanding anything contained in the Code … of the case, the applicants shall pay each maximum penalty of Rs. 5,000/- for the offence punishable under Section 63 and similarly Rs. 10,000/- each for the offence punishable under Section 68, which shall be paid from their

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Subject : Land Acquisition

Courts.4. It is stated that the recommendations of the Eradi Committee were accepted by the Government and Company (Second Amendment) Act, 2002 was passed providing for establishment of NCLT and NCLAT to take-over the functions which are being performed by … discharge the function of adjudicating ―the disputes between the licensees, and generating companies and to refer any dispute for arbitration‖. Therefore, any issue in relation … the Government of India as part of the Standard Bid Documents for Tariff Based Competitive Bid Process under Section 63 of the Electricity Act for conventional power. Similar provisions 35 ―CA2013 24 PART G are found in the

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

take note of 3 developments that have taken place, one in the year 2002 in the form of Companies (Second Amendment) Act, 2002, the second in the same year 2002 in the form of Sick Industrial Companies (Special Provisions) Repeal Act, … High Court went to the extent of holding that in the light of Section 35 of the Securitisation Act, 2002, Section 22 of SICA does not survive anymore. (vi) In Nabha Industries Ltd vs. Punjab State Industrial Development Corporation

Shri V.S. Krishnan and ors. Vs. Westfort Hi-tech Hospital Ltd. and ors ...

Court : Supreme Court of India

Subject : Company

Acts : Companies Act, 1956 - Sections 10F, 53(1) to 53(4), 81(1A), 84(2), 157(1)A, 172, 283, 397, 398, 399, 402 and 403; ;Companies (Second Amendment) Act, 2002; Constitution of India - Article 136

Reported in : [2008]142CompCas235(SC); (2008)2CompLJ1(SC); (2008)2MLJ1192(SC); 2008(3)SCALE184; (2008)3SCC363; [2008]83SCL44(SC)

person aggrieved by any decision or order of the Company Law Board made before the commencement of the Companies (Second Amendment) Act, 2002 may file an appeal to the High Court within sixty days from the date of communication of the … who filed Company Petition No. 63 of 2005 before the Company Law Board, Additional Principal Bench, Chennai under Sections 397 and 398 read with Sections 402, 403 and Schedule XI of the Companies Act, 1956 are the

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and Others

Court : Supreme Court of India

Subject : Company

framed the Debts Recovery Tribunal (Procedure) Rules, 1993. 37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … reference was made by the Company to the Board for Industrial and Financial Reconstruction, New Delhi (BIFR) under Section 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 (for short, ‘SICA’). On 1.9.1993, BIFR passed an order … support of his submissions, learned senior counsel placed reliance upon paragraphs 50, 63, 64 to 70 of the decision of this Court in Allahabad Bank

Bank of Maharashtra Vs. Pandurang Keshav Gorwardkar and ors.

Court : Supreme Court of India

Subject : Company

has framed the Debts Recovery Tribunal (Procedure) Rules, 1993.37. The Companies Act has undergone substantial amendments by the Companies (Second Amendment) Act 2002 (11 of 2003) but no notification has been issued so far bringing Act 11 of 2003 into effect. … reference was made by the Company to the Board for Industrial and Financial Reconstruction, New Delhi (BIFR) under Section 15(1) of Sick Industrial Companies (Special Provisions) Act, 1985 (for short, ‘SICA’). On 1.9.1993, BIFR passed an order … support of his submissions, learned senior counsel placed reliance upon paragraphs 50, 63, 64 to 70 of the decision of this Court in Allahabad Bank

M/S.Pioneer Alloy Castings Ltd., (In Liq Vs. 1.The Assistantgeneral Ma ...

Court : Andhra Pradesh

Subject : Land Acquisition

in appeal before the Supreme Court or a High Court. Section 537 (Prior to its substitution by the Companies (Second Amendment) Act, 2002 - 537 - Avoidance of certain attachments, executions, etc., in winding up by or subject to supervision of

Steel Authority of India Limited Vs. Secretary, Finance Department,

Court : Sales Tax Tribunal STT Delhi

Subject : Land Acquisition

Reported in : (2007)10VST451NULL

it took effect from April 1, 1973. The italicised portion in Sub-section (1) was added by the CST (Amendment) Act, 2002. Before such addition, the filing of declaration in order to discharge the burden of proof cast by Sub-section … to be correct. We have no option but to accept the well reasoned findings of the first and second appellate authorities on the factual side.34. The unrebutted facts appearing from the impugned orders are tell-tale and unequivocally … Haryana [1973] 32 STC 629 are quite apt and apposite (at page 638): ...A movement of goods which takes place independently of a contract of

Creative Home Fashions Limited Vs. Union of India and Others

Court : Delhi

Subject : Constitution

Acts : Constitution of India - Articles 226, 14; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002 - Section 17(2); Income-tax Act, 1961 - Section 72A

hereby declared that an industrial company existing immediately before the commencement of the Sick Industrial Companies (Special Provisions) Amendment Act, 1993, registered for not less than five years and having at the end of any financial year accumulated … of India and/or null and void."2. First, we shall take up the second prayer. At the very outset, we may note with profit that in … & III to Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 be declared unconstitutional, ultra vires the Constitution of India and/or null and void."2. First, we shall take up